LAST UPDATED: March 3, 2011
PLEASE READ THE FOLLOWING TERMS and the SUPPLEMENTAL TERMS CAREFULLY. WHEN YOU USE ANY ONLINE GAME, SERVICE or WEBSITE FROM ONLINE WARMONGERS GROUP INC. YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS.
ONLINE WARMONGERS GROUP INC. complies with the EU Safe Harbor framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of data from the European Union consistent with the European Commission’s Directive on Data Protection that went into effect in October, 1998.
Third Party Sites.
What is personal information and when does Online Warmongers Group Inc. collect it?
Personal information is information that identifies you and may be used to contact you on-line or off-line. Online Warmongers Group Inc. collects personal information from our online visitors during (1) contests (registration or claiming a prize), (2) warranty registration and/or during customer support or technical service requests, (3) player match up or other online services, (4) registration for games or special game-specific event participation, (5) newsletter subscriptions, referral services, and other marketing surveys and email campaigns, (6) registration for membership on our sites, (7) when you order products or subscriptions from us online, or (8) when you request services from third party service providers on our site or (9) through use of our software or online services.
Information collected will vary depending upon the activity and may include your name, e-mail address, phone number, mobile number, home address, birth date, and credit card information. In addition, we may collect demographic information such as gender, zip code, information about your computer, hardware, software, platform, media, Internet IP address and connection, information about online activity such as feature usage, game play statistics and scores, user rankings and click paths and other data that you may provide in surveys or online profiles, for instance. We may combine demographic information with personal information, such as email address, to tailor our offerings or web pages to your preferences or interests. Prize winners may also be required to provide Social Security or Social Identification Number for tax purposes. We do not require personal information to obtain access to any of our sites; however, you will not be able to access areas that require registration.
If you wish to subscribe to our newsletter(s), we will use your name and email address to send the newsletter to you. Out of respect for your privacy, we provide you a way to unsubscribe. Please see the “Choice and Opt-out” section below.
If you choose to use our referral service to “tell a friend” about an Online Warmongers Group Inc. product or site, we will ask you for your friend’s name and email address. We will send your friend an email on your behalf inviting him or her to visit the site or check out our product. Online Warmongers Group Inc. stores your friend’s name and email for a short period for the sole purpose of sending this email and for redundancy checking, to be sure that your friend does not receive multiple copies of the same email message. We do not keep or use this information for any other purpose. Whatever the purpose may be, we will only collect information to the extent reasonably necessary to fulfill your requests and our legitimate business objectives.
Online Warmongers Group Inc.’s Online Stores
Visitors purchasing goods and services through one of our online stores may need to provide a valid credit card number and expiration date, in addition to name, mailing address(es), phone number and e-mail address. Some of Online Warmongers Group Inc.’s online stores may employ third-party contractors whose opt-out instructions for promotional or marketing communications may vary from our own. Please see the Online Warmongers Group Inc. online store for more information.
Online Chat Rooms and Profiles
You may choose to disclose information, including personal information, about yourself in our online chat rooms, message boards, user “profiles” for public view or in similar forums on our sites. Information that you disclose in any of these forums is public information, and there is no expectation of privacy or confidentiality there. You should be aware that any personally identifiable information you submit there can be read, collected, or used by other users of these forums, and could be used to send you unsolicited messages. We are not responsible for the personally identifiable information you choose to submit in these forums.
Statistical and Usage Data
When you play our games on your PC or console, we may retrieve information about your hardware system and how your game is used, including your Internet Protocol Address. We use this information to enable you to play your game over the Internet. We also use this information to better understand the behavior and preferences of our customers, so that we can improve our products and services. We will never use this information to personally identify you without your knowledge or consent.
Your participation in tournaments or other online game events, is conditional upon you agreeing to us collecting, using, storing, transmitting and publicly displaying statistical data (such as your scores, rankings and achievements) generated through your participation.
A Special Note about Children
ONLINE WARMONGERS GROUP INC. does not knowingly collect data from anyone under the age of 13.
What about cookies and other technologies?
Other technologies used include clear GIFs and IP address logging. Clear GIFs (a.k.a. web bugs, beacons or tags) are small graphic images placed on a web page, web-based document, or in an e-mail message. Clear GIFs are invisible to the user because they are typically very small (only 1-by-1 pixel) and the same color as the background of the web page, document or e-mail message. We do not use clear GIFs to collect personal information about you. However, we may use clear GIFs capture statistical usage information for our web pages, features or other elements on a web page. We may correlate this information to a user to personalize user experience and for statistical analysis of user experiences on our web pages.
ONLINE WARMONGERS GROUP INC. also maintains log files which contain Internet Protocol (“IP”) addresses. An IP address is a numeric address that is assigned to your computer by your Internet Service Provider. In general, we only use log files to monitor traffic on our Web sites, to report aggregate information to our advertisers and to troubleshoot technical problems. In the event of user abuse of our websites, however, we may block certain IP addresses or console IDs provided by our licensed hardware manufacturers. IP addresses and console IDs may be used to personally identify you in order to enforce our Terms of Service.
What happens to the information provided?
Online Warmongers Group Inc. does not disclose any personal information about children under 18 years of age who have registered on any of our websites to third parties, or share or disclose personal information other than as set forth in this policy, provided however, that in the event of a merger, acquisition, or the unlikely event of bankruptcy, management of Online Warmongers Group Inc.’ customer information may be transferred to its successor or assign.
The personal information you provide will allow us to alert you to new products, features and enhancements; special offers; upgrade opportunities; and contests and events of interest. You may opt in to allow Online Warmongers Group Inc. to share your personal information with companies and organizations that provide products or services that we believe may be of interest to you. For example, we may share your personal information with a sport licensor or sponsor of our service on our site. You would be asked at that time if you wish to participate. We see this as a value-added service helping you to find useful products or services. We strive to limit use of the information you provide to those offers that we think you would appreciate receiving. To opt out of further communications from a marketing partner or sponsor with whom your information has been shared, please contact that partner directly. You may also later opt out of this service from Online Warmongers Group Inc.. See the “choice and opt-out” section below. We may send Online Warmongers Group Inc. emails that may contain information regarding third-party products or services; however, this doesn’t mean that we’ve traded your personal information to any party.
We may use survey information in marketing surveys to select and direct advertising that is more likely to be of interest to a particular member. This information may be transmitted to an ad server owned by the advertising company to match members with ads that they are more likely to be interested in. However, we do not disclose any member’s personal information to our advertisers without the member’s consent. Participation in member surveys is entirely optional. We may share aggregate consumer data (which does not contain personal information) with the advertising companies.
From time to time, Online Warmongers Group Inc. may employ third-party contractors to collect personal information on our behalf to provide email delivery; product, prize or promotional fulfillment; contest administration; credit card processing; shipping or other services on our sites. When requesting these services, you may be asked to supply your name, mailing address, telephone number and email address to our contractors.
We may use third party contractors, such as credit agencies or market research firms, to supplement personal information that you provide to us for our own marketing and demographic studies, so that we can consistently improve our sites and related advertising to better meet our visitors’ needs and preferences. To enrich our profiles of individual customers, we tie this information to the personally identifiable information they have provided to us.
When our third-party contractors collect and/or have access to the personal information you provide to Online Warmongers Group Inc., Online Warmongers Group Inc. requires that they adhere to our stated privacy policies and protect the confidentiality of personal information they collect or have access to in the course of their engagement by Online Warmongers Group Inc.. These third parties are prohibited from using your personally identifiable information for any other purpose without your specific consent.
You will be notified when your personal information is collected by any third party that is not our agent/service provider, so you can make an informed choice as to whether or not to share your information with that party. If you do share your information, to opt-out from receiving further communications from any third party that is not our agent/service provider, please contact that marketing partner or affiliate directly. To enforce legal rights and comply with the law, or to comply with an order from a government entity or other competent authority, or when we have reason to believe that a disclosure is necessary to address potential or actual injury or interference with our rights, property, operations, users or others who may be harmed or may suffer loss or damage, we may also disclose personal information to law enforcement, or the appropriate civil authorities when we believe that disclosure is necessary to protect our rights and/or comply with a judicial proceeding, court order, or legal process served on our site.
Products Offered in Partnership with Third-Party(s)
Where is the information held?
Choice and Opt-out
Safeguarding Your Personal Information
Review, Correction of Your Information and Requesting Removal from Mailing Lists and Deactivating Your Account
II. TERMS OF SERVICE
You agree to check this page periodically for new information and terms that govern your use of Online Warmongers Group Inc. Services. Online Warmongers Group Inc. may modify the Terms of Service at any time. Revisions to terms affecting existing Online Warmongers Group Inc. Services shall be effective thirty (30) days after posting at this page. Terms for new Online Warmongers Group Inc. Services are effective immediately upon posting at terms.arktosentertainment.com.
Special Notice to California Residents: Pursuant to Cal. Civil Code § 1789.3, please note that (a) Online Warmongers Group Inc. is located at Online Warmongers Group Inc. Inc., 1800 Thayer Ave, Suite A, Los Angeles, CA 90025, (b) The fees and charges for Online Warmongers Group Inc. Services vary depending on the services selected by you, and (c) If you have a complaint regarding Online Warmongers Group Inc. Services or desire further information on use of Online Warmongers Group Inc. Services, contact Online Warmongers Group Inc.’s customer support at http://support.thewarinc.com. For complaints, you may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 400 “R” Street, Sacramento, California 95814 or by telephone at 1-916-445-1254 or (800) 952-5210.
1. Online Warmongers Group Inc. GameID Account
An Online Warmongers Group Inc. GameID Account (“Account”) may be required to access and use some Online Warmongers Group Inc. Services. If you have questions about Account registration, please contact us by visiting http://account.thewarinc.com.
To create an Online Warmongers Group Inc. GameID Account, you must have an email address, and provide truthful and accurate information. You must be eligible to use the Online Warmongers Group Inc. Service for which you are registering. Some Online Warmongers Group Inc. Services may require creation of a “user name” or a “persona”. User names and personas are tied to your Account. You may not use a user name or persona that is used by someone else, is vulgar or offensive, or otherwise violates the Terms of Service.
You are solely responsible for all activity on your Account. Your Account may be terminated if someone else uses it to engage in activity that violates the Terms of Service or is otherwise improper or illegal. You should not reveal your Account password to others. Online Warmongers Group Inc. will not ask you to reveal your password, or initiate contact with you asking for answers to your password security questions.
2. Privacy and Data Collection
You understand, acknowledge and agree that your communications on Online Warmongers Group Inc. Services are not private or confidential, and may be viewed and used by others accessing the Online Warmongers Group Inc. Services.
“Content” on Online Warmongers Group Inc. Services may include software, technology, text and other audio visual material, and the design and appearance of our websites. Content may be provided by you or third parties, including other users of Online Warmongers Group Inc. Services. Online Warmongers Group Inc. does not pre-screen all Content and does not endorse, approve, or prescreen any Content that you and other users may contribute to Online Warmongers Group Inc. Services. You bear the entire risk of the completeness, accuracy or usefulness of Content found on Online Warmongers Group Inc. Services.
ONLINE WARMONGERS GROUP INC. reserves the right to remove Content that is objectionable to us for any reason. The decision to remove Content is in Online Warmongers Group Inc.’s sole and final discretion. To the maximum extent permitted by applicable law, Online Warmongers Group Inc. does not assume any responsibility or liability for Content that is generated by third parties or for any failure to or delay in removing such Content.
You are solely responsible for your Content and may be held liable for Content that you post.
4. Intellectual Property Rights
Content on Online Warmongers Group Inc. Services is owned by Online Warmongers Group Inc. or Online Warmongers Group Inc.’s third party licensors and is protected by United States and International copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights. You may not copy or download any Content from an Online Warmongers Group Inc. Service unless you are expressly authorized to do so.
You agree not to remove, obscure, or alter copyright, patent, trademark, or other proprietary rights notices affixed to Content. You may not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of Content. Online Warmongers Group Inc. reserves all rights in Online Warmongers Group Inc. owned and licensed Content that are not expressly granted to you in this Terms of Service.
Making unauthorized copies of Content found on Online Warmongers Group Inc. Services may result in the termination of your Online Warmongers Group Inc. GameID Account(s), prohibition on use of Online Warmongers Group Inc. Services, and further legal action. Content owners may take criminal or civil action against you for unauthorized use of intellectual property. You agree to indemnify and hold harmless Online Warmongers Group Inc. from any unauthorized or illegal conduct by you, or through the use of your Account, on Online Warmongers Group Inc. Services.
5. Contributing Third Party Content to Online Warmongers Group Inc. Services
ONLINE WARMONGERS GROUP INC. respects the intellectual property rights of others. You must have the legal right to upload Content to Online Warmongers Group Inc. Services. You may not upload or post any Content on Online Warmongers Group Inc. Services that is protected by copyright, trademark or other intellectual property rights unless (i) you are the owner of all of those rights; or (ii) you have the prior written consent of the owner(s) of those rights to make such use of that Content. Online Warmongers Group Inc. may, without prior notice to you and in its sole judgment, remove Content that may infringe the intellectual property rights of a third party. If you are a repeat infringer of Online Warmongers Group Inc.’s or a third party’s intellectual property rights, Online Warmongers Group Inc. may terminate your Account without notice to you. If your Account(s) are terminated, you are not entitled to a refund for any fees you have paid, and you will lose access to entitlements and assets associated with your Account (such as game points, digital assets and tokens).
6. Contributing Your Own Content to Online Warmongers Group Inc. Services; License Grant to Online Warmongers Group Inc. and Others
In exchange for Online Warmongers Group Inc. enabling your contribution of Content, when you contribute Content to an Online Warmongers Group Inc. Service, you expressly grant to Online Warmongers Group Inc. a non-exclusive, perpetual, worldwide, complete and irrevocable right to quote, re-post, use, reproduce, modify, create derivative works from, syndicate, license, print, sublicense, distribute, transmit, broadcast, and otherwise communicate, and publicly display and perform the Content, or any portion thereof, in any manner or form and in any medium or forum, whether now known or hereafter devised, without notice, payment or attribution of any kind to you or any third party. You grant Online Warmongers Group Inc. all licenses, consents and clearances to enable Online Warmongers Group Inc. to use such Content for such purposes. You waive, and agree not to assert any moral or similar rights you may have in such Content.
If the Online Warmongers Group Inc. Service on which you contribute Content permits other users to access and use that contributed Content as part of the Online Warmongers Group Inc. Service, than you also grant all other users of the relevant Online Warmongers Group Inc. Service the right to use, copy, modify, display, perform, create derivative works from, and otherwise communicate and distribute your contributed Content on or through the relevant Online Warmongers Group Inc. Service without further notice, attribution or compensation to you.
7. Paid Services
Some Online Warmongers Group Inc. Services require payment of a fee. You must have an Account and pay the subscription or other fees to participate in these activities. For information about subscription and other fees for particular services visit support.arktosentertainment.com.
FEES ARE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE IN WHOLE OR IN PART.
ONLINE WARMONGERS GROUP INC. reserves the right to change our fees or billing methods at any time. If you pay a periodic (e.g. monthly) subscription for an Online Warmongers Group Inc. Service, Online Warmongers Group Inc. will provide you with notice of any changes to the fees or billing methods at least thirty (30) days in advance by posting such changes on the Online Warmongers Group Inc. Service. You are responsible for reviewing the Online Warmongers Group Inc. Service to obtain timely notice of such changes. Your continued use of the Online Warmongers Group Inc. Service thirty (30) days or more after posting of the changes means that you accept such changes. If any change is unacceptable to you, you may cancel your subscription at any time, but Online Warmongers Group Inc. will not refund any fees that may have accrued to your Account before cancellation of your subscription, and we will not prorate fees for any subscription. If your use of Online Warmongers Group Inc. Services is subject to use or sales tax, then Online Warmongers Group Inc. may also charge you for any such taxes, in addition to the subscription or other fees. For further information, account.thewarinc.com.
A. Payment Options. You may pay fees using the methods available for the particular Online Warmongers Group Inc. Service and you agree to the terms and conditions applicable to each payment method you choose. Payment methods may vary by Online Warmongers Group Inc. Service. Subscriptions paid by credit card may automatically renew, unless you affirmatively cancel your subscription. You agree that Online Warmongers Group Inc. is authorized to charge your credit card for the subscription fee until you affirmatively cancel your subscription. Customers who use other payment methods may incur an additional payment processing fee, and may not be able to automatically renew subscriptions. For further information, visit gameid.arktosentertainment.com. When you provide credit card or other payment information to AE, you represent to Online Warmongers Group Inc. that you are the authorized user of the credit card or other payment method. You agree to promptly notify Online Warmongers Group Inc. of any changes to your credit card account number, its expiration date and/or your billing address, or other billing information, and you agree to promptly notify Online Warmongers Group Inc. if your credit card expires or is canceled for any reason.
As the Account holder, you are responsible for all charges incurred, including applicable taxes, and all purchases made by you or anyone that uses your Account, including your family or friends. This means that, unless your Account or payment information is obtained unlawfully or fraudulently by someone other than those authorized by you to use your Account, you will be responsible for all usage and purchases on your Account.
B. Trial Subscriptions. For some Online Warmongers Group Inc. Services, Online Warmongers Group Inc. may offer a free trial subscription. If you accept a free trial subscription, Online Warmongers Group Inc. will begin to bill your Account for that Online Warmongers Group Inc. Service when the free trial subscription expires, unless you cancel your subscription before that time. You are always responsible for any Internet service provider, telephone, wireless and other connection fees that you may incur when using Online Warmongers Group Inc. Services, even when we offer a free trial subscription. Trial subscriptions are not transferrable.
C. Fees Charged By Third-Party Sites and Vendors. We may provide links to other web sites. Some of these web sites may charge separate fees, which are not included in any subscription or other fees that you may pay to Online Warmongers Group Inc.. Any separate charges or obligations that you incur in your dealings with third parties are your responsibility.
8. Termination of Online Warmongers Group Inc. Services and Accounts
ONLINE WARMONGERS GROUP INC. may terminate any Online Warmongers Group Inc. Service at any time by giving you notice of such termination within the time period specified when you joined the particular Online Warmongers Group Inc. Service, or if no time period for notice of termination was specified, then within thirty (30) days of the date such notice is posted on the applicable Online Warmongers Group Inc. Service.
ONLINE WARMONGERS GROUP INC. may also terminate your Account(s) (and access to all related entitlements) for violation of this Terms of Service, illegal or improper use of your Account, or illegal or improper use of Online Warmongers Group Inc. Services, products, or Online Warmongers Group Inc.’s Intellectual Property. You may lose your user names and personas as a result of Account termination. If you have more than one Account, Online Warmongers Group Inc. may terminate all of your Accounts and all related entitlements. Online Warmongers Group Inc. may issue you a warning, or Online Warmongers Group Inc. may immediately terminate any and all Accounts that you have established. You acknowledge that Online Warmongers Group Inc. is not required to provide you notice before terminating your Account(s). If Online Warmongers Group Inc. terminates your Account, you may not participate in an Online Warmongers Group Inc. Service again without Online Warmongers Group Inc.’s express permission. To participate in an Online Warmongers Group Inc. Service, contact gameid.arktosentertainment.com Online Warmongers Group Inc. reserves the right to refuse to keep Accounts for, and provide Online Warmongers Group Inc. Services to, any individual. You may not allow individuals whose Accounts have been terminated by Online Warmongers Group Inc. to use your Account.
If your Account, or a particular subscription for an Online Warmongers Group Inc. Service associated with your Account, is terminated, no refund will be granted; no online time or other credits (e.g., points in an online game) will be credited to you or converted to cash or other form of reimbursement, and you will have no further access to your Account or entitlements associated with your Account or the particular Online Warmongers Group Inc. Service (such as points, tokens or other digital items).
9. Cancellation of your Account
You have the right to cancel your Account or a particular subscription to an Online Warmongers Group Inc. Service at any time. If you do not agree to the terms in this Terms of Service, your sole remedy is to not use Online Warmongers Group Inc. Services and to cancel your Account or applicable subscriptions. You understand and agree that the cancellation of your Account or a particular subscription is your sole right and remedy with respect to any dispute with Online Warmongers Group Inc, including any dispute related to, or arising out of: (1) any term of this Terms of Service or Online Warmongers Group Inc.’s enforcement or application of this Terms of Service; (2) the Content available through Online Warmongers Group Inc. Services or any change in Content provided through Online Warmongers Group Inc. Services; (3) your ability to access and/or use Online Warmongers Group Inc. Services; or (4) the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods for Online Warmongers Group Inc. Services.
Contact Online Warmongers Group Inc.’s Customer Service Department at support.thewarinc.com to cancel your Account. Online Warmongers Group Inc. reserves the right to collect fees, surcharges or costs incurred before you cancel your Account or a subscription to an Online Warmongers Group Inc. Service. You are also responsible for any amounts owed to third-party vendors or content providers before your cancellation. Any delinquent or unpaid fees and other unresolved issues with Online Warmongers Group Inc. Services must be settled before you establish a new Online Warmongers Group Inc. GameID Account.
10. Rules of Conduct.
You may violate the Terms of Service if you:
- Post, transmit, promote, or distribute Content that is illegal.
- Harass, threaten, embarrass, or do anything else to another player that is unwanted, such as repeatedly sending unwanted messages or making personal attacks or statements about race, sexual orientation, religion, heritage, etc.
- Transmit or facilitate distribution of Content that is harmful, abusive, racially or ethnically offensive, vulgar, sexually explicit, defamatory, infringing, invasive of personal privacy or publicity rights, or in a reasonable person’s view, objectionable. Hate speech is not tolerated.
- Disrupt the flow of chat in chat rooms with vulgar language, abusiveness, hitting the return key repeatedly or inputting large images so the screen goes by too fast to read, use of excessive shouting [all caps] in an attempt to disturb other users, “spamming” or flooding [posting repetitive text].
- Impersonate another person (including celebrities), indicate falsely that you are an Online Warmongers Group Inc. employee or a representative of AEG, or attempt to mislead users by indicating that you represent Online Warmongers Group Inc. or any of Online Warmongers Group Inc.’s partners or affiliates.
- Attempt to get a password, account information, or other private information from anyone else on Online Warmongers Group Inc. Services.
- Upload any software or Content that you do not own or have permission to freely distribute.
- Promote or encourage any illegal activity including hacking, cracking or distribution of counterfeit software.
- Upload files that contain a virus or corrupted data.
- Post messages for any purpose other than personal communication, including advertising or promotional messaging, chain letters, pyramid schemes, or other commercial activities.
- Improperly use in-game support or complaint buttons or make false reports to Online Warmongers Group Inc. staff.
- Use or distribute “auto” software programs, “macro” software programs or other “cheat utility” software program or applications.
- Modify any part of the Online Warmongers Group Inc. Content that Online Warmongers Group Inc. does not specifically authorize you to modify.
- Post or communicate any player’s real-world personal information using an Online Warmongers Group Inc. Service.
- Attempt to interfere with, hack into or decipher any transmissions to or from the servers for an Online Warmongers Group Inc. Service.
- Use and communicate exploits to gain unfair advantage in a game
- Attempt to use Online Warmongers Group Inc. Software on or through any service that is not controlled or authorized by Online Warmongers Group Inc..
- Interfere with the ability of others to enjoy playing an Online Warmongers Group Inc. Service or take actions that interfere with or materially increase the cost to provide an Online Warmongers Group Inc. Service for the enjoyment of all its users.
Specific Online Warmongers Group Inc. Services may also post additional rules that apply to your conduct on those services.
You must also obey all federal, state, and local laws, regulations and rules that apply to your activities when you use Online Warmongers Group Inc. Services. Online Warmongers Group Inc. reserves the right to terminate your Account and to prevent your use of any and all Online Warmongers Group Inc. Services if your Account is used to engage in illegal activity or to violate this Terms of Service.
If you encounter another user who is violating any of the Rules of Conduct, please report this activity to Online Warmongers Group Inc. using the “Help” or “Report Abuse” functions in the relevant Online Warmongers Group Inc. Service.
11. Software, Utilities and Tools
ONLINE WARMONGERS GROUP INC. Services may require or allow you to download software, software updates or patches, or other utilities and tools from Online Warmongers Group Inc. or its licensors onto your computer (“ONLINE WARMONGERS GROUP INC. Software”). Online Warmongers Group Inc. grants to you a non-exclusive, limited license to use Online Warmongers Group Inc. Software solely for the purpose stated by Online Warmongers Group Inc. at the time the Online Warmongers Group Inc. Software is made available to you. If an End User License Agreement is provided with the Online Warmongers Group Inc. Software, your use of the Online Warmongers Group Inc. Software is subject to the terms of that license agreement. You may not sub-license, or charge others to use or access Online Warmongers Group Inc. Software. You may not translate, reverse-engineer, reverse-compile or decompile, disassemble or make derivative works from Online Warmongers Group Inc. Software. You may not modify Online Warmongers Group Inc. Software or use it in any way not expressly authorized in writing by Online Warmongers Group Inc.. You understand that Online Warmongers Group Inc.’s introduction of various technologies may not be consistent across all platforms and that the performance of Online Warmongers Group Inc. Software and related Online Warmongers Group Inc. Services may vary depending on your computer and other equipment.
From time to time, Online Warmongers Group Inc. may provide you with updates or modifications to Online Warmongers Group Inc. Software. You understand that certain updates and modifications may be required in order to continue use the Online Warmongers Group Inc. Software and Online Warmongers Group Inc. Services.
12. Export Control Laws
ONLINE WARMONGERS GROUP INC. Software may be subject to United States export controls, and export controls of other jurisdictions. By downloading Online Warmongers Group Inc. Software, you warrant that you are not located in any country, or exporting Online Warmongers Group Inc. Software to any person or place, to which the United States, the European Union, or any other jurisdiction has embargoed goods.
You agree to abide by U.S. and other applicable export control laws and not to transfer, by electronic transmission or otherwise, any Content or Online Warmongers Group Inc. Software subject to restrictions under such laws to a national destination prohibited by such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload to Online Warmongers Group Inc. Services any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software. The assurances and commitments in this Section shall survive termination of this Agreement.
13. Updates to Online Warmongers Group Inc. Services
IMPORTANT: Online Warmongers Group Inc. MAY FIND IT NECESSARY TO MAKE UPDATE, OR RESET CERTAIN PARAMETERS TO BALANCE GAME PLAY AND USAGE OF Online Warmongers Group Inc. SERVICES. THESE UPDATES OR “RESETS” MAY CAUSE YOU SETBACKS WITHIN THE RELEVANT GAME WORLD AND MAY AFFECT CHARACTERS, GAMES, GROUPS OR OTHER ENTITLEMENTS UNDER YOUR CONTROL. Online Warmongers Group Inc. RESERVES THE RIGHT TO MAKE THESE UPDATES AND IS NOT LIABLE TO YOU FOR THESE CHANGES.
14. Limitations on Warranty and Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT THE USE OF Online Warmongers Group Inc. SERVICES, Online Warmongers Group Inc. SOFTWARE, AND THE INTERNET IS AT YOUR SOLE RISK. Online Warmongers Group Inc. SERVICES, Online Warmongers Group Inc. SOFTWARE, ONLINE WARMONGERS GROUP INC.’S PRODUCTS AND THIRD-PARTY SERVICES AND PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. Online Warmongers Group Inc. PROVIDES Online Warmongers Group Inc. SERVICES ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE Online Warmongers Group Inc. SERVICES AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT Online Warmongers Group Inc. WILL HAVE ADEQUATE CAPACITY FOR Online Warmongers Group Inc. SERVICES AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH Online Warmongers Group Inc. OR ITS LICENSORS IS TO STOP USING Online Warmongers Group Inc. SERVICES, AND TO CANCEL YOUR Online Warmongers Group Inc. GameID Account. YOU ACKNOWLEDGE AND AGREE THAT AE, ITS LICENSORS AND AFFILIATES ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON Online Warmongers Group Inc. SERVICES OR USE OF Online Warmongers Group Inc. SOFTWARE. IN NO CASE SHALL Online Warmongers Group Inc. OR ITS LICENSORS, AFFILIATES’, EMPLOYEES’, OFFICERS’, OR DIRECTORS’ (COLLECTIVELY, “ONLINE WARMONGERS GROUP INC. AFFILIATES”) LIABILITY TO YOU EXCEED THE AMOUNT THAT YOU PAID TO Online Warmongers Group Inc. FOR Online Warmongers Group Inc. SERVICES. IN NO CASE SHALL Online Warmongers Group Inc. OR Online Warmongers Group Inc. AFFILIATES BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF Online Warmongers Group Inc. SERVICES, Online Warmongers Group Inc. SOFTWARE, THE INTERNET OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF Online Warmongers Group Inc. SERVICES OR ACCOUNTS.. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, ONLINE WARMONGERS GROUP INC.’S AND Online Warmongers Group Inc. AFFILIATES’ LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW. Online Warmongers Group Inc. DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD PARTY PRODUCT OR SERVICE OFFERED THROUGH Online Warmongers Group Inc. AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
Notwithstanding the foregoing, nothing contained in this Terms of Service limits Online Warmongers Group Inc.’s liability to you for fraudulent misrepresentations, death or personal injury caused by Online Warmongers Group Inc.’s negligence, or any other liability to the extent such liability cannot be excluded or limited as a matter of applicable law.
Upon Online Warmongers Group Inc.’s request, you agree to defend, indemnify and hold harmless Online Warmongers Group Inc. and its affiliates, employees, contractors, officers, directors, vendors, and content providers from all liabilities, claims and expenses, including attorneys’ fees, that arise from a breach of these Terms of Service for which you are responsible or in connection with your distribution of any Content on or through Online Warmongers Group Inc. Services. Without limiting the generality of the foregoing, you agree to indemnify and hold Online Warmongers Group Inc. harmless for any improper or illegal use of your Account, including the illegal or improper use of your Account by someone to whom you have given permission to use your Account. You agree that you will be personally responsible for your use of Online Warmongers Group Inc. Services and for all of your communication and activity on Online Warmongers Group Inc. Services, including any Content you contribute, and that you will indemnify and hold harmless AE, its affiliates, employees, officers, and directors from any liability or damages arising from your conduct on Online Warmongers Group Inc. Services, including any Content that you contribute.
ONLINE WARMONGERS GROUP INC. reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, you shall have no further obligation to provide indemnification to Online Warmongers Group Inc. in that matter. This Section shall survive termination of this Terms of Service.
16. Links to Third-Party Sites
ONLINE WARMONGERS GROUP INC. Services may include hyperlinks to web sites operated by third parties including advertisers and other content providers. Those sites may collect data or solicit personal information from you. Online Warmongers Group Inc. does not control such web sites, and is not responsible for their content, privacy policies, or for the collection, use or disclosure of any information those sites may collect.
17. General Terms
b. Severability. If any part of this Terms of Service is held invalid or unenforceable, that portion shall be interpreted in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of AE, and the remaining portions shall remain in full force and effect.
c. Waiver. The failure of Online Warmongers Group Inc. to exercise or enforce any right or provision of this Terms of Service will not constitute waiver of such right or provision. Any waiver of any provision of this Terms of Service will be effective only if in a writing signed by Online Warmongers Group Inc..
d. Governing Law. The laws of the State of California govern this Terms of Service and your Account(s); and you expressly agree that exclusive jurisdiction for any claim or dispute with Online Warmongers Group Inc, arising out of or relating in any way to your Account(s) or your use of Online Warmongers Group Inc. Services resides in the federal and state courts within the jurisdiction of the United States District Court for the Northern District of California, and you further agree and expressly consent to the exercise of personal jurisdiction in such courts in connection with any such dispute including any claim involving Online Warmongers Group Inc. or its affiliates, subsidiaries, employees, contractors, officers, directors, vendors and content providers. As noted above, your conduct may also be subject to other local, state, national, and international laws.
18. Entire Agreement
Bookmark www.thewarinc.com and visit this site regularly for updates to Online Warmongers Group Inc. Terms of Service.
19. Additional Terms and Conditions for Specific Online Warmongers Group Inc. Services
Certain Online Warmongers Group Inc. Services may require you to read and agree to terms and conditions that are specific to that Online Warmongers Group Inc. Service. Your right to use that Online Warmongers Group Inc. Service is subject to those specific terms and this Terms of Service. If there are any inconsistencies between the specific terms and these terms, Online Warmongers Group Inc. will be the final and sole arbiter of any such inconsistencies.
20. Beta Tests
In its sole discretion, Online Warmongers Group Inc. may contact you to review and evaluate one or more games, aspects of games, or online features prior to commercial release for the purpose of identifying program errors. You will be asked to provide to Online Warmongers Group Inc. (and to Online Warmongers Group Inc. only) certain feedback and suggestions regarding your experiences while reviewing and evaluating the game(s) or site feature(s). This process is known as a “Beta Test.” You must sign and return to Online Warmongers Group Inc. a Pre-Release Software Confidentiality Agreement (“Confidentiality Agreement”) for each specific Beta Test BEFORE you will be allowed to be a tester (“Tester”) and BEFORE any software will be provided or made accessible to you. Your participation as a Tester is subject to the Confidentiality Agreement and the following terms and conditions.
In connection with the Beta Test, Online Warmongers Group Inc. may provide you, on a temporary basis, a pre-release copy of a game or access to a feature on the Online Warmongers Group Inc. site. You understand and agree that the pre-release copy and all other materials provided to you are confidential or proprietary information of Online Warmongers Group Inc.. You agree as a condition of participating in a Beta Test to (i) not copy or reproduce the pre-release copy and confidential or proprietary information, (ii) safeguard the pre-release copy and confidential and proprietary information and prevent unauthorized access to, reproduction of, disclosure of and/or unauthorized use of, the pre-release copy and confidential and proprietary information, and (iii) fully comply with the terms and conditions of the Confidentiality Agreement.
You will carry out the testing personally and not provide access to pre-release materials to any other person. You agree that breach of the above obligations will cause irreparable harm to AE, and Online Warmongers Group Inc. is entitled to (in addition to any other remedies available to it) exparte injunctive relief without bond to prevent the breach or threatened breach of your obligations. Your obligation to keep the beta games confidential will continue until Online Warmongers Group Inc. publicly distributes, or has otherwise disclosed to the public through no fault of yours, each of the games and the content that you are testing.
Upon request, you agree to immediately return to Online Warmongers Group Inc. all copies of the pre-release copy and confidential or proprietary information Online Warmongers Group Inc. provided to you.
As a Tester, you are invited to play beta games for the sole purpose of evaluating the games and identifying errors. Nothing in these guidelines, or on this site, shall be construed as granting you any rights or privileges of any kind with respect to the beta games or content that you find here. The beta games are provided for testing on an “as is” and “as available” basis and we make no warranty to you of any kind, express or implied.
When playing some beta games, you may accumulate treasure, experience points, equipment, or other value or status indicators. This data may be reset at any time during the testing process, and it may be reset when the particular game completes a testing phase. In this case, all player history and data will be erased and each player will return to novice status.
By selecting a “Play” button to start a beta game, you agree that: (i) playing beta games is at your own risk and you know that the games may include known or unknown bugs, (ii) any value or status indicators that you achieve through game play may be erased at any time, (iii) Online Warmongers Group Inc. has no obligation to make these games available for play without charge for any period of time, nor to make them available at all, (iv) these games may be available only by subscription once the Beta Test process is complete or at any time in the future; (v) Online Warmongers Group Inc.’s Terms of Service apply to your use of the games during the testing phase, and (vi) if it is a closed beta test, you will keep all information about the beta games confidential as stated above and not disclose such information to any other person.
Beta Test accounts are non-transferable under any circumstances.